- Jurisdiction
- Florida
I posted a short and long version below.
Short version
I had my floors done in March 2019. Issues right from the beginning, that dragged on for 4 years with the installer attempting to make repairs for the first 2 to 3 years.
They are now refusing to make repairs.
I have called a dozen attorneys and none want to deal with it as the costs of the attorney fees would exceed the floor costs. I want to sue the installation company via Prose.
I have represented my self Prose 13 years ago with help of a Legal forum, I cant find them now, and successfully won two cases against credit card companies.
I signed digitally for the contract, but the quote states
Agreement, Contractor shall be entitled to recover from the Customer all of attorney's fees and costs/expenses incurred there in, including attorney's fees, and costs/expenses. The Contract Documents consist of this proposal, the statutory warnings, the terms
and conditions, all documents referenced therein and the Limited Workmanship Warranty and are incorporated herein by reference.
Is this valid, if I sue Prose, I would have to cover the legal costs or would this not hold up in court?????
Long version
I had my old flooring removed and new vinyl flooring and carpet installed, about $12k in March of 2019.
We rented a Airbnb for 5 days so they could do the work. I would come by to check on it each day and on the second day they still had not started, I called and was upset that we rented house to get out of the way and they had not started yet. About half way through the 3rd day they start.
We come back on the 5th day and the floors are done but not the baseboards and there is literally dust everywhere. Tv's countertops, floors, top of refrigerator etc... It was bad. On top of this they damaged toilets, tubs, wall tile in the bathroom.
Some of the flooring started to fail within the first few months. Much of the communication was via phone calls and texts. But i do have an email string in December of 2019 where they are offering to pay me like $1k for some of the damages to the bathroom and redo the floors in the bathroom due to poor leveling of the floors.
Over the next year , other issues show up and they come out two more times. Both times the installers/repairs in broken English explain that the other install team did a very bad job. And at some point the Project Manger states the same install crew wasn't with them anymore and they are having replace a lot of floors and that they may half to replace my floors as well.
About year later, i start to call again because the floors are completely failing. I start to call to get them out to replace the floors as they sated they would.
Some of the people have left and the office does not return my calls.
This goes on for like a year of me calling and leaving messages getting hold of people and them saying someone will call me back who never does. Eventually they allow me to put a claim. They then put a claim into the manufacturer when they know its an install issue. About month later i get a report form the manufactures inspector states the moisture in the slab is too high and its not a manufacturing issue.
At this point i realize there is no vapor barrier under the flooring which is
Short version
I had my floors done in March 2019. Issues right from the beginning, that dragged on for 4 years with the installer attempting to make repairs for the first 2 to 3 years.
They are now refusing to make repairs.
I have called a dozen attorneys and none want to deal with it as the costs of the attorney fees would exceed the floor costs. I want to sue the installation company via Prose.
I have represented my self Prose 13 years ago with help of a Legal forum, I cant find them now, and successfully won two cases against credit card companies.
I signed digitally for the contract, but the quote states
Agreement, Contractor shall be entitled to recover from the Customer all of attorney's fees and costs/expenses incurred there in, including attorney's fees, and costs/expenses. The Contract Documents consist of this proposal, the statutory warnings, the terms
and conditions, all documents referenced therein and the Limited Workmanship Warranty and are incorporated herein by reference.
Is this valid, if I sue Prose, I would have to cover the legal costs or would this not hold up in court?????
Long version
I had my old flooring removed and new vinyl flooring and carpet installed, about $12k in March of 2019.
We rented a Airbnb for 5 days so they could do the work. I would come by to check on it each day and on the second day they still had not started, I called and was upset that we rented house to get out of the way and they had not started yet. About half way through the 3rd day they start.
We come back on the 5th day and the floors are done but not the baseboards and there is literally dust everywhere. Tv's countertops, floors, top of refrigerator etc... It was bad. On top of this they damaged toilets, tubs, wall tile in the bathroom.
Some of the flooring started to fail within the first few months. Much of the communication was via phone calls and texts. But i do have an email string in December of 2019 where they are offering to pay me like $1k for some of the damages to the bathroom and redo the floors in the bathroom due to poor leveling of the floors.
Over the next year , other issues show up and they come out two more times. Both times the installers/repairs in broken English explain that the other install team did a very bad job. And at some point the Project Manger states the same install crew wasn't with them anymore and they are having replace a lot of floors and that they may half to replace my floors as well.
About year later, i start to call again because the floors are completely failing. I start to call to get them out to replace the floors as they sated they would.
Some of the people have left and the office does not return my calls.
This goes on for like a year of me calling and leaving messages getting hold of people and them saying someone will call me back who never does. Eventually they allow me to put a claim. They then put a claim into the manufacturer when they know its an install issue. About month later i get a report form the manufactures inspector states the moisture in the slab is too high and its not a manufacturing issue.
At this point i realize there is no vapor barrier under the flooring which is
